Chapter 8 : Regulatory Agencies and Administration of Act

Part A : Companies and Intellectual Property Commission

188. Reporting, research, public information and relations with other regulators

In addition to any other advice or reporting requirements set out in this Part, the Commission is responsible to—

a)

advise the Minister on matters of national policy relating to company and intellectual property law, and recommend to the Minister changes to bring the law and the administration of this Act up to date and in line with international best practice;

b)

report to the Minister annually on the volume and nature of registration and enforcement activities in terms of this Act and on any other matter as prescribed by the Minister; and

c)

enquire into and report to the Minister on any matter concerning the purposes of this Act, and advise the Minister in respect of any matter referred to it by the Minister.

2)

The Commission must increase knowledge of the nature and dynamics of company and intellectual property law, and promote public awareness of company and intellectual property law matters, by—

a)

implementing education and information measures to develop public awareness of the provisions of this Act, and in particular to advance the purposes of this Act;

b)

providing guidance to the public by—

i)

issuing explanatory notices outlining its procedures, or its non-binding opinion on the interpretation of any provision of this Act; or

ii)

applying to a court for a declaratory order on the interpretation or application of any provision of this Act;

c)

conducting research relating to its mandate and activities and, from time to time, publishing the results of that research; and

d)

over time, reviewing legislation and public regulations, and reporting to the Minister concerning matters relating to company and intellectual property law.

3)

The Commission may—

a)

liaise with any regulatory authority on matters of common interest, and without limiting the generality of this paragraph, may exchange information with, and receive information from any such regulatory authority pertaining to—

i)

matters of common interest; or

ii)

a specific complaint or investigation;

b)

negotiate agreements with any regulatory authority, and exercise its authority through any such agreement, to—

i)

co-ordinate and harmonise the exercise of jurisdiction over company and intellectual property law matters within the relevant industry or sector; and

ii)

ensure the consistent application of the principles of this Act;

c)

participate in the proceedings of any regulatory authority; and

d)

advise, or receive advice from, any regulatory authority.

4)

The Commission may liaise with any foreign or international authorities having any objects similar to the functions and powers of the Commission.

5)

The Commission may refer to—

a)

the Competition Commission any concerns regarding conduct that may be prohibited or regulated in terms of the Competition Act;

b)

the South Africa Revenue Service any concerns regarding behaviour or conduct that may be prohibited or regulated in terms of legislation within the jurisdiction of that Service;

c)

the Independent Regulatory Board for Auditors any concerns regarding behaviour or conduct that may be prohibited or regulated in terms of the Auditing Profession Act; or

d)

any other regulatory authority any concerns regarding behaviour or conduct that may be prohibited or regulated in terms of legislation within the jurisdiction of that regulatory authority.